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Prior results do not guarantee a similar outcome.

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Tel. (415) 772-0900
Cell: (650) 804-8300
Fburke@adrservices.com

Complex Commercial Litigation

  • Mediated CA Lemon Law action under Song Beverly Act involving purchase of a Dodge Durango involving allegedly defective Totally Integrated Power Module.
     

  • Mediated investment related breach of contract and concealment claim arising from purchase of a manufacturing facility in San Jose with alleged non-disclosure and concealment of status of certain large Asian customers and failure to disclose prior conviction of the seller.
     

  • Handled a matter arising from the operation of a commercial loan underwriting, servicing and funding company involved in a Ponzi scheme fraud in the magnitude of hundreds of millions of dollars, related to piercing a sham trust and recover million in damages from several co-conspirators involved in real estate projects, including claims of breach of fiduciary duty, fraud, negligent misrepresentation, conversion and conspiracy.
     

  • Handled several related claims in a $70 million matter involving a surplus lines insurance carrier which issued financial guarantee bonds related to the financing of real estate limited partnerships, leading to fraud and racketeering claims, debt enforcement actions, securities claims, and litigation with bond lenders, reinsurers, and professionals.
     

  • Handled a complex adversary proceeding, arising in a bankruptcy of an international construction company, between secured and unsecured creditors and surety companies, involving issues relating to the priority of a DIP loan, equitable subordination, accountings, restitution, breach of trust, constructive trust and equitable lien claims.
     

  • Handled a matter where a secured creditor was attempting to recover $60 million of mortgage-backed securities owned by a bankruptcy debtor, a real estate investment trust.
     

  • Handled an action brought by a Commissioner of Insurance against a title insurance company in a $30 million action alleging a beach of escrow, fraud and racketeering arising out of a failed recapitalization of a property and casualty insurer.
     

  • Handled a matter where a mezzanine lender brought a real estate finance enforcement action against a real estate land developer and its managing members for breach of contract on loans and guaranties, as well as tort claims, and the developers counterclaimed alleging lender liability and oral agreements extending and modifying the loans.
     

  • Handled a matter involving an alleged violation of a U.S. export license involving the sale of military technology to a foreign government.
     

  • Handled a matter involving the sale of engineering services from a U.S. manufacturer to an Iranian customer in connection with oil field valves, in violation of the Iran boycott.
     

  • Handled a matter where a national brokerage firm serving as a clearing broker brought an action against the founders of a failed local brokerage and one of its customers, alleging that the local firm had breached its contractual responsibilities and that its officers and directors had been negligent in failing to conduct financial due diligence on a margin account customer.
     

  • Handled related matters in which a money transmitter was alleged to have engaged in aiding and abetting money laundering relating to cross border money transfers between persons in the U.S. and persons in several states in northern Mexico.
     

  • Handled related matters in which health care reimbursement firms alleged that several medical practices engaged in systematic overcharging.
     

  • Handled a multimillion dollar cost recovery action, based on a breach of contract, product liability and CERCLA claims, to recover the costs of cleanup of hazardous wastes and costs of defense of state and federal proceedings.
     

  • Handled a matter involving conspiracy, fraud, securities fraud and misapplication of funds by officers of an interstate motor carrier.
     

  • Handled multiple related cases involving kickbacks by silicone foam subcontractors to employees of an electrical contractor; kickback and embezzlement scheme perpetrated by officers of a fire protection system contractor; and gratuities provided to a power company deputy business manager by an electrical contractor and one of its officers.
     

  • Handled a matter relating to food stamp trafficking by retail grocery stores.
     

  • Handled a matter involving an arson and extortion scheme.
     

  • Mediated an investment dispute where plaintiff alleges that defendants were the agents of a promoter, convicted later, who breached contracts and defrauded plaintiffs into making loans to him, allegedly secured by automobile titles, when in fact they were not and the funds were thereafter stolen.
     

  • Mediated corporate claims brought by representatives on behalf of a bankrupt corporation against defendants for breach of fiduciary duty, corporate waste, conversion, fraudulent transfers and Civil RICO arising from approximately $3 million of transfers from the corporation.